Can I divorce in Sweden?

Getting a divorce in Sweden is very cheap and straightforward. You don't even need to visit a courthouse. Because of that, many couples with at least some connection to Sweden tries to file for divorce in Sweden.

First of all, you need to figure out if you are eligible to get a divorce in Sweden. If you aren't eligible, your case will be rejected and you won't get your application fee back.

Here are a few circumstances that might prevent you from getting a divorce in Sweden:

  • Your marriage isn't registered in Sweden.
  • None of you have residency in Sweden (exceptions to this).
  • Another EU member state has jurisdiction.

The laws surrounding jurisdiction are very complicated and you are advised to check with a Swedish lawyer if you have doubts.

What the process looks like

You need to file for divorce at the court your city belongs too. If neither of you lives in Sweden it's usually, but not always, Stockholms tingsrätt (court of Stockholm) that will have jurisdiction. You need to draft a "gemensam ansökan om skilsmässa", which is the basic document needed to file for divorce. Or a "Stämningsansökan" if your spouse doesn't want to get a divorce. A spouse can never stop you from getting a divorce in Sweden.

The document is then sent to the court with an extract from the population register. In Swedish its called a "personbevis". This is a kind of certificate you get from the Swedish tax office, for free. It's important that the personbevis is for divorce. There are many different kinds.

The court's application fee is currently 900 SEK, or roughly $97 USD (exchange rate: 03/03/2019).

Time frame

It normally takes a few weeks to finalize your divorce. But if you have children below 16 years of age, you will need to wait 6 months for your final verdict. The same is true if your spouse refuses to divorce you. There are some exceptions to this rule. Advice with a Swedish lawyer.

After the six months have passed, you need to draft and send in a document called "fullföljdsansökan" to the court to finalize the divorce. Its a document to confirm that you still want to divorce.

Who can help you get a divorce?

You can either hire a traditional law firm or use a "divorce online" service. The most popular online service is www.SkilsmässaOnline.se. It's the biggest online divorce firm in Sweden and has offered online divorces since 2003. They have a special package for foreigners called "Utlandspaketet". It also works if your spouse refuses to divorce or can't be reached. Answer a few questions in their online order form and they will handle all the paperwork for you, including ordering your "personbevis". 

When you order the package, they will find out if you can divorce in Sweden (jurisdiction). If they find out that you can't, they won't charge you anything. Quick and easy. And you don't pay any hourly costs. Their prices are fixed and very low compared to normal law firms. In the top of the website, they have an English translation button.

Recommended for simple divorces. But not for custody disputes. See below.

Local lawyers

You can also contact a traditional local law firm. This is the best option if you're having custody/monetary disputes since you will then need someone to represent you physically in court. Local lawyers are best suited for this. Pick someone specialized in family law. Remember that custody disputes can be very expensive, even in Sweden. The Swedish lawyers association has a search function to find lawyers, www.advokatsamfundet.se. There is an option to search in English.

Pick a lawyer where your spouse/children live. If neither of you live in Sweden, then pick a lawyer in Stockholm. That's the capital of Sweden and the court of Stockholm is probably the court where your dispute will be handled if neither of you live in Sweden.

 

Powered by Froala Editor

Powered by Froala Editor

Powered by Froala Editor

Powered by Froala Editor

Powered by Froala Editor

Powered by Froala Editor

Powered by Froala Editor

Powered by Froala Editor

Powered by Froala Editor